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WALKER v. ALEXANDER

No. 76-1714.

569 F.2d 291 (1978)

Johny WALKER, Plaintiff-Appellant, v. Clifford L. ALEXANDER, Secretary of the Army, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 3, 1978.

Attorney(s) appearing for the Case

Russell A. Ortmayer, Miami, Fla., for plaintiff-appellant.

Robert W. Rust, U. S. Atty., C. Wesley G. Currier, Don R. Boswell, Asst. U. S. Attys., Miami, Fla., for defendants-appellees.

Before TUTTLE, CLARK and RONEY, Circuit Judges.

TUTTLE, Circuit Judge:

This is an effort by a military officer to set aside an order separating him from the military service on the dual grounds that the procedures followed violated applicable government regulations and that the action of the defendant officials deprived him of a property or liberty right without due process. But for the fact that the plaintiff here is a federally recognized National Guard officer and not an officer in the regular Air Force or the...

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